Tallahassee Railroad v. Macon

Lower Court

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and his costs by him about his suit in this behalf expended and said defendant in mercy and c. and thereupon the said defendant prays a writ of error upon the judgment of aforesaid

And afterwards to wit on the [blank] day of [blank] 1858 came the defendant by its attorney and filed its bill of exception in the words and figures following to wit:

Arthur Macon

vs

The Tallahassee Rail Road Company

In Leon Circuit Court

Be it remembered that on the trial of this cause the plaintiff to sustain the issue on his part offered as a witness Dr. George W. Betton who being duly sworn testified that at the request of the Plaintiff he visited the negro man Esop on Saturday the night of which day the said man Esop died. He found the negro very sick with pneumonia. He was in a car one side of which was open. The open side could have been closed but it closed there was no opening for the air to enter. He stayed with the negro about one hour. Says he ought to have been sent for earlier. The negro had not the necessary conveniences and had to go out when required to answer the calls of nature or the effects of medicine: thinks therefore

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